Heard learned counsel for the petitioner as well as learned Addl. Government Advocate.
This Writ Petition has been filed by the petitioner challenging the order dated 29.2.2
016 passed by the opposite party No.1 suspending the petitioner from the post of Sarpanch, Mak
undapur Gram Panchayat and directed her to file show cause within 15 days.
It is contended that the petitioner has been elected as the Sarpanch of Makundapur Gra
m Panchyat under Deogaon Block in the District of Bolangir in the election held in the month o
f March, 2012. She has been elected as an independent candidate. From the date of taking char
ge of Sarpanch, the petitioner is discharging her duties to the satisfaction of the Gram and c
arried out development work as per the provisions made under the Orissa Gram Panchayat Act (he
reinafter in short referred as the Act). While the matter stood thus some members remained co
ntinuously absent in the meeting in spite of due notices served on them. In exercise of power
under Section 25(2)(d) of the Act petitioner had issued an order restraining those members fro
m functioning as member along with a copy to the Collector, Bolangir. The opposite party No.3
on 6.3.2015 passed an order affecting the position of the petitioner. Challenging the said ord
er petitioner approached this Court in W.P.(C) No. 11088 of 2015 and the same is still pending
. Thereafter, a No Confidence Motion was moved against the petitioner. The notice of No confid
ence Motion was challenged by the petitioner in W.P.(C) No. 16412 of 2015. Since the meeting f
or vote of no confidence failed the said writ petition has become infructuous. The opposite p
arty No.5 has issued a letter on regarding violation of Rules in respect of withdrawal of the
money and also directed to explain without preparing the Annual Action Plan and without approv
al etc. how the money was withdrawn. Pursuant to the said letter petitioner made a representat
ion to Honble Minister, Panchayati Raj and Law and brought to the notice stating that Panchaya
t Extension Officer is the custodian of